An edition of The change of position defence (2009)

The change of position defence

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Last edited by MARC Bot
April 30, 2025 | History
An edition of The change of position defence (2009)

The change of position defence

This book defines and explains the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have accordingly tended to focus on post-Lipkin case law in discussing the defence and its many disputed features. This work takes a different stance, arguing that the defence is best understood by placing it within its broader historical and legal context. It explains that the foundations of the defence can be found in the related doctrines of estoppel by representation, the agent's defence of payment over and the law of rescission. The analysis applies crucial insights from those areas, together with the change of position authorities and broader considerations of policy and principle, to develop a rigorous model of the change of position defence. The work not only provides a clear and exhaustive examination of the defence, but demonstrates that, properly understood, the defence operates in a rational and justifiable manner within its broader private law context. In so doing, its analysis meets the oft-expressed concern than the defence may operate in an unprincipled way or by reference to 'that vague jurisprudence which is sometimes attractively styled "justice as between man and man"'

Publish Date
Publisher
Hart Pub.
Language
English
Pages
264

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Previews available in: English

Edition Availability
Cover of: Change of Position Defence
Change of Position Defence
2009, Bloomsbury Publishing Plc
in English
Cover of: The change of position defence
The change of position defence
2009, Hart Pub.
in English
Cover of: Change of Position Defence
Change of Position Defence
2009, Bloomsbury Publishing Plc
in English

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Book Details


Edition Notes

Originally presented as the author's thesis (doctoral)--University of Oxford, 2008.

Includes bibliographical references and index.

Published in
Oxford, Portland, Or

Classifications

Library of Congress
K920 .B36 2009

The Physical Object

Pagination
xxviii, 264 p. ;
Number of pages
264

Edition Identifiers

Open Library
OL23834733M
Internet Archive
changepositionde00bant
ISBN 10
1841139653
ISBN 13
9781841139654
LCCN
2009281480
OCLC/WorldCat
318090745, 507435934
Digital Object Identifier (DOI)
10.5040/9781472560469

Work Identifiers

Work ID
OL16921003W

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April 30, 2025 Edited by MARC Bot import existing book
February 25, 2022 Edited by ImportBot import existing book
June 29, 2019 Edited by MARC Bot import existing book
July 28, 2014 Created by ImportBot import new book